HC Deb 05 May 1959 vol 605 cc298-9

Amendments made: In page 35, line 21, leave out subsection (1) and insert: (1) The county court may, upon application made in accordance with the provisions of this section in respect of a patient, by order direct that the functions under this Part of this Act of the nearest relative of the patient shall, during the continuance in force of the order, be exercisable by the applicant, or by any other person specified in the application being a person who, in the opinion of the court is a proper person to act as the patient's nearest relative and is willing to do so

In line 40, leave out from first "of" to "in" in line 41 and insert:

  1. (a) any relative of the patient;
  2. (b) any other person with whom the patient is residing (or, if the patient is then an in-patient in a hospital, was last residing before he was admitted); or
  3. (c) a mental welfare officer, but.

In page 36, line 1, leave out subsection (3) and insert: (3) An application for an order under this section may be made upon any of the following grounds, that is to say—

  1. (a) that the patient has no nearest relative within the meaning of this Act, or that it is not reasonably practicable to ascertain whether he has such a relative, or who that relative is;
  2. (b) that the nearest relative of the patient is incapable of acting as such by reason of mental disorder or other illness;
    3. 299
  3. (c) that the nearest relative of the patient unreasonably objects to the making of an application for admission for treatment or a guardianship application in respect of the patient; or
  4. (d) that the nearest relative of the patient has otherwise acted without due regard to the welfare of the patient in respect of the exercise of any of his functions under this Part of this Act, or is likely to do so.
(4) If immediately before the expiration of the period for which a patient is liable to be detained by virtue of an application for admission for observation, an application under this section, being an application made on the ground specified in paragraph (c) or paragraph (d) of the last foregoing subsection, is pending in respect of the patient, that period shall be extended—
  1. (a) in any case, until the application under this section has been finally disposed of; and
  2. (b) if an order is made in pursuance of the application under this section, for a further period of seven days;
and for the purposes of this subsection an application under this section shall be deemed to have been finally disposed of at the expiration of the time allowed for appealing from the decision of the court or, if notice of appeal has been given within that time, when the appeal has been heard or withdrawn, and "pending" shall be construed accordingly.

In line 17 leave out from "person" to "nearest" in line 19 and insert: who was the patient's nearest relative when the order was made is no longer his".

In line 20 leave out from beginning to end of line 22 and insert: Where an order is made under this section in respect of a patient who is or subsequently becomes liable to be detained or subject to guardianship under this Part of this Act, the nearest relative of the patient".

In line 26 at end insert: during which the order continues in force".—[Mr. Walker-Smith.]